Selanjutnya
CONVENTION FOR THE UNIFICATION OF CERTAIN RULES
FOR INTERNATIONAL CARRIAGE BY AIR
DONE AT MONTREAL ON 28 MAY 1999
Entry into force:
Status:
The Convention entered into force on 4 November 2003*.
123 parties.
State
Albania
Argentina (22)
Armenia
Australia
Austria (10)
Azerbaijan (26)
Bahamas
Bahrain
Bangladesh
Barbados
Belgium (1)(15)
Belize
Benin
Bolivia (Plurinational State of)
Bosnia and Herzegovina
Botswana
Brazil
Bulgaria
Burkina Faso
Cabo Verde
Cambodia
Cameroon
Canada (6)
Central African Republic
Chile (21)
China (18)
Colombia
Congo
Cook Islands
Costa Rica
Côte d’Ivoire
Croatia
Cuba
Cyprus
Czech Republic (3)
Democratic Republic of the Congo
Denmark (1)(11)
Dominican Republic
Ecuador
Egypt
El Salvador
Equatorial Guinea
Estonia
Ethiopia
Fiji
Finland (4)
Date of
signature
28/5/99
28/5/99
28/5/99
28/5/99
28/5/99
28/5/99
3/8/99
28/5/99
28/5/99
27/9/01
1/10/01
25/9/01
28/5/99
28/5/99
15/12/99
20/12/99
28/5/99
28/5/99
28/5/99
28/5/99
28/5/99
4/2/02
9/12/99
Date of deposit of
instrument of
ratification,
acceptance (A),
approval (AA) or
accession (a)
Date of entry
into force
20/10/04 (a)
16/12/09 (a)
16/04/10 (a)
25/11/08 (a)
29/4/04 (a)
10/2/15 (a)
2/2/01(a)
2/1/02 (a)
29/4/04
24/8/99
30/3/04
6/5/15
9/3/07 (a)
28/3/01 (a)
19/5/06
10/11/03 (a)
25/6/13
23/8/04 (a)
5/9/03
19/11/02
19/3/09
1/6/05
28/3/03
19/12/11 (A)
22/5/07 (a)
9/6/11
4/2/15
23/1/08 (a)
14/10/05
20/11/02 (a)
16/11/00
21/7/14 (a)
29/4/04
21/9/07
27/6/06 (a)
24/2/05 (A)
7/11/07 (a)
18/9/15 (AA)
10/4/03
23/4/14 (a)
10/11/15 (a)
29/4/04
19/12/04
14/2/10
15/6/10
24/1/09
28/6/04
11/4/15
4/11/03
4/11/03
28/6/04
4/11/03
29/5/04
5/7/15
8/5/07
4/11/03
18/7/06
9/1/04
25/8/13
22/10/04
4/11/03
4/11/03
18/5/09
31/7/05
4/11/03
17/2/12
21/7/07
8/8/11
5/4/15
23/3/08
13/12/05
4/11/03
4/11/03
19/9/14
28/6/04
20/11/07
26/8/06
25/4/05
6/1/08
17/11/15
4/11/03
22/6/14
9/1/16
28/6/04
Convention for the Unification of
Certain Rules for International Carriage by Air
Montreal, 28 May 1999
-2-
State
Date of
signature
Date of deposit of
instrument of
ratification,
acceptance (A),
approval (AA) or
accession (a)
France (1)
Gabon
Gambia
Georgia
Germany (1)(12)
Ghana
Greece (1)
Guatemala (28)
Guyana
Honduras
Hungary
Iceland
India
Ireland (1)
Israel (24)
Italy (1)
Jamaica
Japan (8)
Jordan
Kazakhstan
Kenya
Kuwait
Latvia
Lebanon
Lithuania (17)
Luxembourg (2)
Madagascar
Malaysia (20)
Maldives
Mali
Malta
Mauritius
Mexico
Monaco
Mongolia
Montenegro (23)
Morocco
Mozambique
Namibia
Netherlands (14)
New Zealand (5)
Niger
Nigeria
Norway
Oman
Pakistan
Panama
Paraguay
Peru
Philippines (27)
Poland
Portugal (1)
28/5/99
28/5/99
28/5/99
28/5/99
28/5/99
28/5/99
16/8/00
28/5/99
28/5/99
5/10/00
28/5/99
28/5/99
28/5/99
29/2/00
28/5/99
28/5/99
28/5/99
28/5/99
28/5/99
28/5/99
28/5/99
30/12/99
13/7/01
28/5/99
28/5/99
28/5/99
28/5/99
17/3/00
7/9/99
28/5/99
28/5/99
29/4/04
4/2/14
10/3/04
20/12/10 (a)
29/4/04
22/7/02
7/6/16 (a)
23/12/14 (a)
25/11/15 (a)
8/11/04 (a)
17/6/04
1/5/09 (a)
29/4/04
19/1/11 (a)
29/4/04
7/7/09
20/6/00 (A)
12/4/02
2/7/15 (a)
07/1/02
11/6/02
17/12/04 (A)
15/3/05 (a)
30/11/04
29/4/04
28/12/06
31/12/07 (a)
31/10/05 (a)
16/1/08 (a)
5/5/04
20/11/00
18/8/04
5/10/04 (a)
15/1/10 (a)
15/4/10 (a)
27/1/14
27/9/01
29/4/04
18/11/02
10/5/02
29/4/04 (a)
28/5/07 (a)
19/12/06
13/9/02
29/3/01
11/4/02
19/10/15 (a)
17/1/06
28/2/03
Date of entry
into force
28/6/04
5/4/14
9/5/04
18/2/11
28/6/04
4/11/03
6/8/16
21/2/15
24/01/16
7/1/05
16/8/04
30/6/09
28/6/04
20/3/11
28/6/04
5/9/09
4/11/03
4/11/03
31/8/15
4/11/03
4/11/03
15/2/05
14/5/05
29/1/05
28/6/04
26/2/07
29/2/08
30/12/05
16/3/08
4/7/04
4/11/03
17/10/04
4/12/04
16/3/10
14/6/10
28/3/14
4/11/03
28/6/04
4/11/03
4/11/03
28/6/04
27/7/07
17/2/07
4/11/03
4/11/03
4/11/03
18/12/15
18/3/06
4/11/03
-3-
Date of
signature
State
Qatar (16)
Republic of Korea
Republic of Moldova
Romania
Rwanda
Saint Vincent and the Grenadines
Saudi Arabia
Senegal
Serbia
Seychelles
Sierra Leone
Singapore (19)
Slovakia
Slovenia
South Africa
Spain (13)
Sudan
Swaziland
Sweden (1)
Switzerland
Syrian Arab Republic
The former Yugoslav Republic of Macedonia
Togo (29)
Tonga
Turkey (25)
Ukraine
United Arab Emirates
United Kingdom (1)
United Republic of Tanzania
United States (7)
Uruguay
Vanuatu
Zambia
Regional Economic Integration Organisations
European Union (9)
*
28/5/99
9/6/99
28/5/99
9/12/99
Date of deposit of
instrument of
ratification,
acceptance (A),
approval (AA) or
accession (a)
Date of entry
into force
15/11/04 (a)
30/10/07 (a)
17/3/09 (a)
20/3/01
20/10/15 (a)
29/3/04 (a)
15/10/03
7/9/16
3/2/10 (a)
13/9/10 (a)
25/11/15 (a)
17/9/07 (a)
11/10/00
27/3/02
22/11/06
29/4/04
23/11/16
29/4/04
7/7/05
18/7/02 (a)
15/5/00 (a)
27/9/16
20/11/03 (a)
25/1/11
6/3/09 (a)
7/7/00 (a)
29/4/04
11/2/03 (a)
5/9/03
4/2/08
9/11/05 (a)
29/4/04 (AA)
14/1/05
29/12/07
16/5/09
4/11/03
19/12/15
28/5/04
14/12/03
6/11/16
4/4/10
12/11/10
24/01/16
16/11/07
4/11/03
4/11/03
21/1/07
28/6/04
22/1/17
28/6/04
5/9/05
4/11/03
4/11/03
26/11/16
19/1/04
26/3/11
5/5/09
4/11/03
28/6/04
4/11/03
4/11/03
4/4/08
8/1/06
28/6/04
As a result of the first review of limits of liability conducted by ICAO in accordance with Article 24, the
rounded revised limits, effective as of 30 December 2009, in Special Drawing Rights (SDRs), are:
—
—
—
—
(1)
18/11/99
28/5/99
28/5/99
28/5/99
28/5/99
28/5/99
14/1/00
28/5/99
28/5/99
27/8/99
28/5/99
28/5/99
28/5/99
28/5/99
Convention for the Unification
of Certain Rules for International Carriage by Air
Montreal, 28 May 1999
19 SDRs per kilogramme in the case of destruction, loss, damage or delay in relation to the carriage
of cargo (Article 22, paragraph 3)
1 131 SDRs for each passenger in case of destruction, loss, damage or delay with respect to baggage
(Article 22, paragraph 2)
4 694 SDRs for each passenger in relation to damage caused by delay in the carriage of persons
(Article 22, paragraph 1)
113 100 SDRs for each passenger for damage sustained in case of death or bodily injury of a passenger
(for the first tier) (Article 21, paragraph 1)
Upon signature of the Convention, this State, Member State of the European Community, declared that,
“in accordance with the Treaty establishing the European Community, the Community has competence to take
actions in certain matters governed by the Convention”.
Convention for the Unification of
Certain Rules for International Carriage by Air
Montreal, 28 May 1999
-4-
(2)
On 3 October 2000, ICAO received from Luxembourg the following declaration: “The Grand Duchy of
Luxembourg, Member State of the European Community, declares that in accordance with the Treaty
establishing the European Community, the Community has competence to take actions in certain matters
governed by the Convention”.
(3)
Upon deposit of its instrument of ratification, the Czech Republic notified ICAO that “as a Member of the
International Monetary Fund, [the Czech Republic] shall proceed in accordance with Article 23, paragraph 1 of
the Convention”.
(4)
By a Note dated 13 July 2000, Finland transmitted a declaration dated 7 July 2000 signed by the Minister for
Foreign Trade, setting forth the wording quoted in note (1) above.
(5)
Upon deposit of its instrument of accession (deemed to be an instrument of ratification), New Zealand declared
“that this accession shall extend to Tokelau”.
(6)
At the time of ratification, Canada made the following declaration: “Canada declares, in accordance with
Article 57 of the Convention for the Unification of Certain Rules for International Carriage by Air, done at
Montreal on 28 May 1999 and signed by Canada on 1 October 2001, that the Convention does not apply to the
carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by Canada,
the whole capacity of which has been reserved by or on behalf of such authorities [Article 57(b)].”
(7)
The instrument of ratification of the United States contains the following declaration:
“Pursuant to Article 57 of the Convention, the United States of America declares that the Convention shall not
apply to international carriage by air performed and operated directly by the United States of America for
non-commercial purposes in respect to the functions and duties of the United States of America as a sovereign
State.”
(8)
By a Note dated 24 October 2003 signed by the Minister for Foreign Affairs, Japan informed ICAO “that, in
accordance with Article 57(a) of the Convention for the Unification of Certain Rules for International Carriage
by Air, done at Montreal on 28 May 1999, the Government of Japan declares that this Convention shall not
apply to international carriage by air performed and operated directly by the Government of Japan for
non-commercial purposes in respect to its functions and duties as a sovereign State.”
(9)
On 9 February 2010, the Council of the European Union deposited with ICAO a note verbale referring to the
entry into force, on 1 December 2009, of the Treaty of Lisbon amending the Treaty on European Union and the
Treaty establishing the European Community, and stating: “As a consequence, as from 1 December 2009, the
European Union has replaced and succeeded the European Community . . . and has exercised all rights and
assumed all obligations of the European Community whilst continuing to exercise existing rights and assume
obligations of the European Union.”
The instrument of approval by the European Community deposited on 29 April 2004 contains the following
declaration: “Declaration concerning the competence of the European Community with regard to matters
governed by the Convention of 28 May 1999 for the unification of certain rules for international carriage by air
(the Montreal Convention):
1.
The Montreal Convention provides that Regional Economic Integration Organisations constituted by
sovereign States of a given region, which have competence in respect of certain matters governed by this
Convention, may become parties to it.
2.
The current Member States of the European Community are the Kingdom of Belgium, the Kingdom of
Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French
Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the
Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of
Sweden and the United Kingdom of Great Britain and Northern Ireland.
-5-
Convention for the Unification
of Certain Rules for International Carriage by Air
Montreal, 28 May 1999
3.
This declaration is not applicable to the territories of the Member States in which the Treaty establishing
the European Community does not apply and is without prejudice to such acts or positions as may be
adopted under the Convention by the Member States concerned on behalf of and in the interests of those
territories.
4.
In respect of matters covered by the Convention, the Member States of the European Community have
transferred competence to the Community for liability for damage sustained in case of death or injury of
passenger. The Member States have also transferred competence for liability for damage caused by delay
and in the case of destruction, loss, damage or delay in the carriage of baggage. This includes
requirements on passenger information and a minimum insurance requirement. Hence, in this field, it is
for the Community to adopt the relevant rules and regulations (which the Member States enforce) and
within its competence to enter into external undertakings with third States or competent organisations*.
5.
The exercise of competence which the Member States have transferred to the Community pursuant to the
EC Treaty is, by its nature, liable to continuous development. In the framework of the Treaty, the
competent institutions may take decisions which determine the extent of the competence of the European
Community. The European Community therefore reserves the right to amend the present declaration
accordingly, without this constituting a prerequisite for the exercise of its competence with regard to
matters governed by the Montreal Convention.
______________
*Sources:
1)
Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents,
Official Journal of the European Union, L 285, 17.10.1997, p. 1;
2)
Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending
Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents, Official Journal of
the European Union, L 140, 30.05.2002, p. 2.”
(10)
The instrument of accession by Austria contains the following declaration:
“The Republic of Austria declares according to Article 57 of the Convention for the Unification of Certain
Rules for International Carriage by Air of 28 May 1999 that this Convention shall not apply to:
a)
international carriage by air performed and operated directly by the Republic of Austria for
non-commercial purposes in respect to its functions and duties as a sovereign State;
b)
the carriage of persons, cargo and baggage for the military authorities on aircraft registered in or leased
by the Republic of Austria, the whole capacity of which has been reserved on behalf of such authorities.”
(11)
The instrument of ratification by Denmark contains a declaration that until later decision, the Convention will
not be applied to the Faroe Islands.
(12)
The instrument of ratification by Germany was accompanied by the following declaration:
“In accordance with Article 57 of the Convention of for the Unification of Certain Rules for International
Carriage by Air of 28 May 1999, the Federal Republic of Germany declares that the Convention shall not apply
to international carriage by air performed and operated directly by the Federal Republic of Germany for
non-commercial purposes in respect to its functions and duties as a sovereign State or to the carriage of persons,
cargo and baggage for the military authorities of the Federal Republic of Germany on aircraft registered in or
leased by the Federal Republic of Germany, the whole capacity of which has been reserved by or on behalf of
such authorities.”
(13)
The instrument of ratification by Spain contains the following declarations:
“The Kingdom of Spain, Member State of the European Community, declares that in accordance with the
Treaty establishing the European Community, the Community has competence to take actions in certain matters
governed by the Convention.”
“In accordance with the provisions of Article 57, the Convention shall not apply to:
a)
international carriage by air performed and operated directly by Spain for non-commercial purposes in
respect to its functions and duties as a sovereign State;
b)
the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased
by Spain, the whole capacity of which has been reserved by or on behalf of such authorities.”
Convention for the Unification of
Certain Rules for International Carriage by Air
Montreal, 28 May 1999
(14)
-6-
The instrument of ratification by the Kingdom of the Netherlands states that the ratification is for the Kingdom
in Europe.
By a Note dated 29 April 2004 from the Ministry of Foreign Affairs, the Netherlands transmitted to ICAO the
following declaration: “The Kingdom of the Netherlands, Member State of the European Community, declares
that in accordance with the Treaty establishing the European Community, the Community has competence to
take actions in certain matters governed by the Convention”.
By Notes dated 22 April and 8 September 2016, the Kingdom of the Netherlands extended the Convention to the
Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), with effect from 1 October
2016.
(15)
By a Note dated 15 July 2004 from the Minister of Foreign Affairs, Belgium transmitted to ICAO the following
declaration in accordance with Article 57:
“the Convention does not apply to:
a)
international carriage by air performed and operated directly by Belgium for non-commercial purposes
in respect to its functions and duties as a sovereign State;
b)
the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased
by Belgium, the whole capacity of which has been reserved by or on behalf of such authorities.”
(16)
In its instrument of accession, Qatar confirmed the application of the following declaration in accordance with
Article 57:
“the Convention does not apply to:
a)
international carriage by air performed and operated directly by that State Party for non-commercial
purposes in respect to its functions and duties as a sovereign State, and/or
b)
the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased
by that State Party, the whole capacity of which has been reserved by or on behalf of such authorities.”
(17)
The instrument of ratification by Lithuania contains the following declarations:
“. . . in accordance with Article 57 . . . , the Seimas of the Republic of Lithuania declares that this Convention
shall not apply to international carriage by air performed and operated directly by the Republic of Lithuania for
non-commercial purposes in respect to its functions and duties as a sovereign State; and also shall not apply to
the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by the
Republic of Lithuania, the whole capacity of which has been reserved by or on behalf of such authorities.”
“. . . in accordance with the Treaty establishing the European Community, the Seimas of the Republic of
Lithuania declares that the Community has competence to take actions in certain matters governed by the
Convention.”
(18)
(A) The instrument of ratification by China contains the following declaration:
“The Convention does not apply in the Hong Kong Special Administrative Region of the People’s Republic of
China until notified otherwise by the Government of the People’s Republic of China.”
(B) In addition, the Representative of China on the Council of ICAO made the following declaration at the time
of deposit of the instrument of ratification:
“The Convention applies in the Macao Special Administrative Region of the People’s Republic of China.”
(C) By a letter dated 20 October 2006, the Representative of China on the Council of ICAO made the following
statement on behalf of the Government of the People’s Republic of China (PRC):
“Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the PRC provides that the
application to the Hong Kong Special Administrative Region of the PRC of international agreements to which
the PRC is or becomes a party shall be decided by the Central People’s Government in accordance with the
circumstances and needs of the Region and after seeking the views of the Government of the Region.
In consultation with the Government of the Hong Kong Special Administrative Region, the Government of the
PRC has decided to apply the Convention in the Hong Kong Special Administrative Region of the PRC from the
date of December 15, 2006.”
(19)
The instrument of accession by Singapore contains the following declaration in accordance with Article 57:
-7-
Convention for the Unification
of Certain Rules for International Carriage by Air
Montreal, 28 May 1999
“the Convention shall not apply to:
a)
international carriage by air performed and operated directly by the Republic of Singapore for
non-commercial purposes in respect to its functions and duties as a sovereign State; and
b)
the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased
by the Republic of Singapore, the whole capacity of which has been reserved by or on behalf of such
authorities.”
(20)
The instrument of accession by Malaysia is accompanied by the following declaration:
“Malaysia, in accordance with Article 57 (b) of the Montreal Convention, declares that the Convention shall not
apply to the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased
by Malaysia, the whole capacity of which has been reserved by or on behalf of such authorities.”
(21)
The instrument of ratification by Chile contains the following declaration in accordance with Article 57 (b):
“The Republic of Chile declares that the Convention shall not apply to the carriage of persons, cargo and
baggage for its military authorities on aircraft registered in or leased by that State Party, the whole capacity of
which has been reserved by or on behalf of such authorities.”
(22)
The instrument of accession by Argentina contains the following “interpretative declaration”: “For the
Argentine Republic, the term ‘bodily injury’ in Article 17 of this treaty includes mental injury related to bodily
injury, or any other mental injury which affects the passenger’s health in such a serious and harmful way that
his or her ability to perform everyday tasks is significantly impaired.”
(23)
The instrument of accession by Montenegro contains the following declaration in accordance with Article 57:
“this Convention shall not apply to:
a)
international carriage by air performed and operated directly by Montenegro for non-commercial
purposes in respect to its functions and duties as a sovereign State;
b)
the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased
by Montenegro, the whole capacity of which has been reserved by or on behalf of such authorities.”
(24)
The instrument of accession by Israel contains the following declaration in accordance with Article 57:
“The Convention shall not apply to:
a)
international carriage by air performed and operated directly by the State of Israel for non-commercial
purposes in respect to its functions and duties as a sovereign State; and/or
b)
the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased
by the State of Israel, the whole capacity of which has been reserved by or on behalf of such authorities.”
(25)
The instrument of ratification by Turkey contains the following declaration in accordance with Article 57:
“The said Convention shall not apply to international carriage by air performed and operated directly by the
Republic of Turkey for non-commercial purposes in respect to its functions and duties as a Sovereign State and
to the carriage of persons, cargo and baggage for Turkish military authorities on aircraft registered in or leased
by the Republic of Turkey, the whole capacity of which has been reserved by or on behalf of such authorities.”
(26)
The instrument of ratification by Azerbaijan, deemed to be an instrument of accession, contains the following
declaration:
“The Republic of Azerbaijan, in accordance with Article 57 of the Convention for the Unification of Certain
Rules for International Carriage by Air, done at Montreal on May 28, 1999, declares that the provisions of the
Convention shall not apply to:
a)
international carriage by air performed and operated directly by the Republic of Azerbaijan for
non-commercial purposes in respect to its functions and duties as a sovereign State; and
b)
the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased
by the Republic of Azerbaijan, the whole capacity of which has been reserved by or on behalf of such
authorities.”
(27)
The instrument of accession by the Philippines contains the following declaration in accordance with Article 57:
“the Convention shall not apply to:
a)
international carriage by air performed and operated directly by the Philippines for non-commercial
purposes in respect of its functions and duties as a sovereign State; and
Convention for the Unification of
Certain Rules for International Carriage by Air
Montreal, 28 May 1999
b)
(28)
-8-
the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased
by the Philippines, the whole capacity of which has been reserved by or on behalf of such authorities.”
By a Note dated 25 April 2016 (received by ICAO on 7 June 2016) from the Ministry of Foreign Affairs,
Guatemala transmitted to ICAO the following declaration: “The Republic of Guatemala states that the
Convention for the Unification of Certain Rules for International Carriage by Air , done in Montreal on 28 May
1999, shall not apply to international air transport operations conducted directly by the State of Guatemala for
non-commercial purposes relating to its functions and obligations as a sovereign State, nor to the carriage of
persons, cargo or equipment for its military command on aircraft registered in or leased by the State of
Guatemala, the full capacity of which has been reserved by or on behalf of said military command.”
By a Note dated 25 April 2016 (received by ICAO on 7 June 2016) from the Ministry of Foreign Affairs,
Guatemala notified ICAO that “to calculate the value of its national currency in Special Drawing Rights, the
Republic of Guatemala, as a member of the International Monetary Fund, shall adhere to the provisions set forth
in the third sentence of Article 23(1) of the Convention.”
(29)
The instrument of ratification by the Togolese Republic contains the following declaration in accordance with
Article 57:
“the Convention shall not apply to:
a)
international carriage by air performed and operated directly by Togo for non-commercial purposes in
respect to its functions and duties as a sovereign State; and
b)
the carriage of persons, cargo and baggage for the Togolese military authorities on aircraft registered in
Togo or leased by Togo, the whole capacity of which has been reserved by or on behalf of such
authorities.”
FOR INTERNATIONAL CARRIAGE BY AIR
DONE AT MONTREAL ON 28 MAY 1999
Entry into force:
Status:
The Convention entered into force on 4 November 2003*.
123 parties.
State
Albania
Argentina (22)
Armenia
Australia
Austria (10)
Azerbaijan (26)
Bahamas
Bahrain
Bangladesh
Barbados
Belgium (1)(15)
Belize
Benin
Bolivia (Plurinational State of)
Bosnia and Herzegovina
Botswana
Brazil
Bulgaria
Burkina Faso
Cabo Verde
Cambodia
Cameroon
Canada (6)
Central African Republic
Chile (21)
China (18)
Colombia
Congo
Cook Islands
Costa Rica
Côte d’Ivoire
Croatia
Cuba
Cyprus
Czech Republic (3)
Democratic Republic of the Congo
Denmark (1)(11)
Dominican Republic
Ecuador
Egypt
El Salvador
Equatorial Guinea
Estonia
Ethiopia
Fiji
Finland (4)
Date of
signature
28/5/99
28/5/99
28/5/99
28/5/99
28/5/99
28/5/99
3/8/99
28/5/99
28/5/99
27/9/01
1/10/01
25/9/01
28/5/99
28/5/99
15/12/99
20/12/99
28/5/99
28/5/99
28/5/99
28/5/99
28/5/99
4/2/02
9/12/99
Date of deposit of
instrument of
ratification,
acceptance (A),
approval (AA) or
accession (a)
Date of entry
into force
20/10/04 (a)
16/12/09 (a)
16/04/10 (a)
25/11/08 (a)
29/4/04 (a)
10/2/15 (a)
2/2/01(a)
2/1/02 (a)
29/4/04
24/8/99
30/3/04
6/5/15
9/3/07 (a)
28/3/01 (a)
19/5/06
10/11/03 (a)
25/6/13
23/8/04 (a)
5/9/03
19/11/02
19/3/09
1/6/05
28/3/03
19/12/11 (A)
22/5/07 (a)
9/6/11
4/2/15
23/1/08 (a)
14/10/05
20/11/02 (a)
16/11/00
21/7/14 (a)
29/4/04
21/9/07
27/6/06 (a)
24/2/05 (A)
7/11/07 (a)
18/9/15 (AA)
10/4/03
23/4/14 (a)
10/11/15 (a)
29/4/04
19/12/04
14/2/10
15/6/10
24/1/09
28/6/04
11/4/15
4/11/03
4/11/03
28/6/04
4/11/03
29/5/04
5/7/15
8/5/07
4/11/03
18/7/06
9/1/04
25/8/13
22/10/04
4/11/03
4/11/03
18/5/09
31/7/05
4/11/03
17/2/12
21/7/07
8/8/11
5/4/15
23/3/08
13/12/05
4/11/03
4/11/03
19/9/14
28/6/04
20/11/07
26/8/06
25/4/05
6/1/08
17/11/15
4/11/03
22/6/14
9/1/16
28/6/04
Convention for the Unification of
Certain Rules for International Carriage by Air
Montreal, 28 May 1999
-2-
State
Date of
signature
Date of deposit of
instrument of
ratification,
acceptance (A),
approval (AA) or
accession (a)
France (1)
Gabon
Gambia
Georgia
Germany (1)(12)
Ghana
Greece (1)
Guatemala (28)
Guyana
Honduras
Hungary
Iceland
India
Ireland (1)
Israel (24)
Italy (1)
Jamaica
Japan (8)
Jordan
Kazakhstan
Kenya
Kuwait
Latvia
Lebanon
Lithuania (17)
Luxembourg (2)
Madagascar
Malaysia (20)
Maldives
Mali
Malta
Mauritius
Mexico
Monaco
Mongolia
Montenegro (23)
Morocco
Mozambique
Namibia
Netherlands (14)
New Zealand (5)
Niger
Nigeria
Norway
Oman
Pakistan
Panama
Paraguay
Peru
Philippines (27)
Poland
Portugal (1)
28/5/99
28/5/99
28/5/99
28/5/99
28/5/99
28/5/99
16/8/00
28/5/99
28/5/99
5/10/00
28/5/99
28/5/99
28/5/99
29/2/00
28/5/99
28/5/99
28/5/99
28/5/99
28/5/99
28/5/99
28/5/99
30/12/99
13/7/01
28/5/99
28/5/99
28/5/99
28/5/99
17/3/00
7/9/99
28/5/99
28/5/99
29/4/04
4/2/14
10/3/04
20/12/10 (a)
29/4/04
22/7/02
7/6/16 (a)
23/12/14 (a)
25/11/15 (a)
8/11/04 (a)
17/6/04
1/5/09 (a)
29/4/04
19/1/11 (a)
29/4/04
7/7/09
20/6/00 (A)
12/4/02
2/7/15 (a)
07/1/02
11/6/02
17/12/04 (A)
15/3/05 (a)
30/11/04
29/4/04
28/12/06
31/12/07 (a)
31/10/05 (a)
16/1/08 (a)
5/5/04
20/11/00
18/8/04
5/10/04 (a)
15/1/10 (a)
15/4/10 (a)
27/1/14
27/9/01
29/4/04
18/11/02
10/5/02
29/4/04 (a)
28/5/07 (a)
19/12/06
13/9/02
29/3/01
11/4/02
19/10/15 (a)
17/1/06
28/2/03
Date of entry
into force
28/6/04
5/4/14
9/5/04
18/2/11
28/6/04
4/11/03
6/8/16
21/2/15
24/01/16
7/1/05
16/8/04
30/6/09
28/6/04
20/3/11
28/6/04
5/9/09
4/11/03
4/11/03
31/8/15
4/11/03
4/11/03
15/2/05
14/5/05
29/1/05
28/6/04
26/2/07
29/2/08
30/12/05
16/3/08
4/7/04
4/11/03
17/10/04
4/12/04
16/3/10
14/6/10
28/3/14
4/11/03
28/6/04
4/11/03
4/11/03
28/6/04
27/7/07
17/2/07
4/11/03
4/11/03
4/11/03
18/12/15
18/3/06
4/11/03
-3-
Date of
signature
State
Qatar (16)
Republic of Korea
Republic of Moldova
Romania
Rwanda
Saint Vincent and the Grenadines
Saudi Arabia
Senegal
Serbia
Seychelles
Sierra Leone
Singapore (19)
Slovakia
Slovenia
South Africa
Spain (13)
Sudan
Swaziland
Sweden (1)
Switzerland
Syrian Arab Republic
The former Yugoslav Republic of Macedonia
Togo (29)
Tonga
Turkey (25)
Ukraine
United Arab Emirates
United Kingdom (1)
United Republic of Tanzania
United States (7)
Uruguay
Vanuatu
Zambia
Regional Economic Integration Organisations
European Union (9)
*
28/5/99
9/6/99
28/5/99
9/12/99
Date of deposit of
instrument of
ratification,
acceptance (A),
approval (AA) or
accession (a)
Date of entry
into force
15/11/04 (a)
30/10/07 (a)
17/3/09 (a)
20/3/01
20/10/15 (a)
29/3/04 (a)
15/10/03
7/9/16
3/2/10 (a)
13/9/10 (a)
25/11/15 (a)
17/9/07 (a)
11/10/00
27/3/02
22/11/06
29/4/04
23/11/16
29/4/04
7/7/05
18/7/02 (a)
15/5/00 (a)
27/9/16
20/11/03 (a)
25/1/11
6/3/09 (a)
7/7/00 (a)
29/4/04
11/2/03 (a)
5/9/03
4/2/08
9/11/05 (a)
29/4/04 (AA)
14/1/05
29/12/07
16/5/09
4/11/03
19/12/15
28/5/04
14/12/03
6/11/16
4/4/10
12/11/10
24/01/16
16/11/07
4/11/03
4/11/03
21/1/07
28/6/04
22/1/17
28/6/04
5/9/05
4/11/03
4/11/03
26/11/16
19/1/04
26/3/11
5/5/09
4/11/03
28/6/04
4/11/03
4/11/03
4/4/08
8/1/06
28/6/04
As a result of the first review of limits of liability conducted by ICAO in accordance with Article 24, the
rounded revised limits, effective as of 30 December 2009, in Special Drawing Rights (SDRs), are:
—
—
—
—
(1)
18/11/99
28/5/99
28/5/99
28/5/99
28/5/99
28/5/99
14/1/00
28/5/99
28/5/99
27/8/99
28/5/99
28/5/99
28/5/99
28/5/99
Convention for the Unification
of Certain Rules for International Carriage by Air
Montreal, 28 May 1999
19 SDRs per kilogramme in the case of destruction, loss, damage or delay in relation to the carriage
of cargo (Article 22, paragraph 3)
1 131 SDRs for each passenger in case of destruction, loss, damage or delay with respect to baggage
(Article 22, paragraph 2)
4 694 SDRs for each passenger in relation to damage caused by delay in the carriage of persons
(Article 22, paragraph 1)
113 100 SDRs for each passenger for damage sustained in case of death or bodily injury of a passenger
(for the first tier) (Article 21, paragraph 1)
Upon signature of the Convention, this State, Member State of the European Community, declared that,
“in accordance with the Treaty establishing the European Community, the Community has competence to take
actions in certain matters governed by the Convention”.
Convention for the Unification of
Certain Rules for International Carriage by Air
Montreal, 28 May 1999
-4-
(2)
On 3 October 2000, ICAO received from Luxembourg the following declaration: “The Grand Duchy of
Luxembourg, Member State of the European Community, declares that in accordance with the Treaty
establishing the European Community, the Community has competence to take actions in certain matters
governed by the Convention”.
(3)
Upon deposit of its instrument of ratification, the Czech Republic notified ICAO that “as a Member of the
International Monetary Fund, [the Czech Republic] shall proceed in accordance with Article 23, paragraph 1 of
the Convention”.
(4)
By a Note dated 13 July 2000, Finland transmitted a declaration dated 7 July 2000 signed by the Minister for
Foreign Trade, setting forth the wording quoted in note (1) above.
(5)
Upon deposit of its instrument of accession (deemed to be an instrument of ratification), New Zealand declared
“that this accession shall extend to Tokelau”.
(6)
At the time of ratification, Canada made the following declaration: “Canada declares, in accordance with
Article 57 of the Convention for the Unification of Certain Rules for International Carriage by Air, done at
Montreal on 28 May 1999 and signed by Canada on 1 October 2001, that the Convention does not apply to the
carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by Canada,
the whole capacity of which has been reserved by or on behalf of such authorities [Article 57(b)].”
(7)
The instrument of ratification of the United States contains the following declaration:
“Pursuant to Article 57 of the Convention, the United States of America declares that the Convention shall not
apply to international carriage by air performed and operated directly by the United States of America for
non-commercial purposes in respect to the functions and duties of the United States of America as a sovereign
State.”
(8)
By a Note dated 24 October 2003 signed by the Minister for Foreign Affairs, Japan informed ICAO “that, in
accordance with Article 57(a) of the Convention for the Unification of Certain Rules for International Carriage
by Air, done at Montreal on 28 May 1999, the Government of Japan declares that this Convention shall not
apply to international carriage by air performed and operated directly by the Government of Japan for
non-commercial purposes in respect to its functions and duties as a sovereign State.”
(9)
On 9 February 2010, the Council of the European Union deposited with ICAO a note verbale referring to the
entry into force, on 1 December 2009, of the Treaty of Lisbon amending the Treaty on European Union and the
Treaty establishing the European Community, and stating: “As a consequence, as from 1 December 2009, the
European Union has replaced and succeeded the European Community . . . and has exercised all rights and
assumed all obligations of the European Community whilst continuing to exercise existing rights and assume
obligations of the European Union.”
The instrument of approval by the European Community deposited on 29 April 2004 contains the following
declaration: “Declaration concerning the competence of the European Community with regard to matters
governed by the Convention of 28 May 1999 for the unification of certain rules for international carriage by air
(the Montreal Convention):
1.
The Montreal Convention provides that Regional Economic Integration Organisations constituted by
sovereign States of a given region, which have competence in respect of certain matters governed by this
Convention, may become parties to it.
2.
The current Member States of the European Community are the Kingdom of Belgium, the Kingdom of
Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French
Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the
Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of
Sweden and the United Kingdom of Great Britain and Northern Ireland.
-5-
Convention for the Unification
of Certain Rules for International Carriage by Air
Montreal, 28 May 1999
3.
This declaration is not applicable to the territories of the Member States in which the Treaty establishing
the European Community does not apply and is without prejudice to such acts or positions as may be
adopted under the Convention by the Member States concerned on behalf of and in the interests of those
territories.
4.
In respect of matters covered by the Convention, the Member States of the European Community have
transferred competence to the Community for liability for damage sustained in case of death or injury of
passenger. The Member States have also transferred competence for liability for damage caused by delay
and in the case of destruction, loss, damage or delay in the carriage of baggage. This includes
requirements on passenger information and a minimum insurance requirement. Hence, in this field, it is
for the Community to adopt the relevant rules and regulations (which the Member States enforce) and
within its competence to enter into external undertakings with third States or competent organisations*.
5.
The exercise of competence which the Member States have transferred to the Community pursuant to the
EC Treaty is, by its nature, liable to continuous development. In the framework of the Treaty, the
competent institutions may take decisions which determine the extent of the competence of the European
Community. The European Community therefore reserves the right to amend the present declaration
accordingly, without this constituting a prerequisite for the exercise of its competence with regard to
matters governed by the Montreal Convention.
______________
*Sources:
1)
Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents,
Official Journal of the European Union, L 285, 17.10.1997, p. 1;
2)
Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending
Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents, Official Journal of
the European Union, L 140, 30.05.2002, p. 2.”
(10)
The instrument of accession by Austria contains the following declaration:
“The Republic of Austria declares according to Article 57 of the Convention for the Unification of Certain
Rules for International Carriage by Air of 28 May 1999 that this Convention shall not apply to:
a)
international carriage by air performed and operated directly by the Republic of Austria for
non-commercial purposes in respect to its functions and duties as a sovereign State;
b)
the carriage of persons, cargo and baggage for the military authorities on aircraft registered in or leased
by the Republic of Austria, the whole capacity of which has been reserved on behalf of such authorities.”
(11)
The instrument of ratification by Denmark contains a declaration that until later decision, the Convention will
not be applied to the Faroe Islands.
(12)
The instrument of ratification by Germany was accompanied by the following declaration:
“In accordance with Article 57 of the Convention of for the Unification of Certain Rules for International
Carriage by Air of 28 May 1999, the Federal Republic of Germany declares that the Convention shall not apply
to international carriage by air performed and operated directly by the Federal Republic of Germany for
non-commercial purposes in respect to its functions and duties as a sovereign State or to the carriage of persons,
cargo and baggage for the military authorities of the Federal Republic of Germany on aircraft registered in or
leased by the Federal Republic of Germany, the whole capacity of which has been reserved by or on behalf of
such authorities.”
(13)
The instrument of ratification by Spain contains the following declarations:
“The Kingdom of Spain, Member State of the European Community, declares that in accordance with the
Treaty establishing the European Community, the Community has competence to take actions in certain matters
governed by the Convention.”
“In accordance with the provisions of Article 57, the Convention shall not apply to:
a)
international carriage by air performed and operated directly by Spain for non-commercial purposes in
respect to its functions and duties as a sovereign State;
b)
the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased
by Spain, the whole capacity of which has been reserved by or on behalf of such authorities.”
Convention for the Unification of
Certain Rules for International Carriage by Air
Montreal, 28 May 1999
(14)
-6-
The instrument of ratification by the Kingdom of the Netherlands states that the ratification is for the Kingdom
in Europe.
By a Note dated 29 April 2004 from the Ministry of Foreign Affairs, the Netherlands transmitted to ICAO the
following declaration: “The Kingdom of the Netherlands, Member State of the European Community, declares
that in accordance with the Treaty establishing the European Community, the Community has competence to
take actions in certain matters governed by the Convention”.
By Notes dated 22 April and 8 September 2016, the Kingdom of the Netherlands extended the Convention to the
Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), with effect from 1 October
2016.
(15)
By a Note dated 15 July 2004 from the Minister of Foreign Affairs, Belgium transmitted to ICAO the following
declaration in accordance with Article 57:
“the Convention does not apply to:
a)
international carriage by air performed and operated directly by Belgium for non-commercial purposes
in respect to its functions and duties as a sovereign State;
b)
the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased
by Belgium, the whole capacity of which has been reserved by or on behalf of such authorities.”
(16)
In its instrument of accession, Qatar confirmed the application of the following declaration in accordance with
Article 57:
“the Convention does not apply to:
a)
international carriage by air performed and operated directly by that State Party for non-commercial
purposes in respect to its functions and duties as a sovereign State, and/or
b)
the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased
by that State Party, the whole capacity of which has been reserved by or on behalf of such authorities.”
(17)
The instrument of ratification by Lithuania contains the following declarations:
“. . . in accordance with Article 57 . . . , the Seimas of the Republic of Lithuania declares that this Convention
shall not apply to international carriage by air performed and operated directly by the Republic of Lithuania for
non-commercial purposes in respect to its functions and duties as a sovereign State; and also shall not apply to
the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by the
Republic of Lithuania, the whole capacity of which has been reserved by or on behalf of such authorities.”
“. . . in accordance with the Treaty establishing the European Community, the Seimas of the Republic of
Lithuania declares that the Community has competence to take actions in certain matters governed by the
Convention.”
(18)
(A) The instrument of ratification by China contains the following declaration:
“The Convention does not apply in the Hong Kong Special Administrative Region of the People’s Republic of
China until notified otherwise by the Government of the People’s Republic of China.”
(B) In addition, the Representative of China on the Council of ICAO made the following declaration at the time
of deposit of the instrument of ratification:
“The Convention applies in the Macao Special Administrative Region of the People’s Republic of China.”
(C) By a letter dated 20 October 2006, the Representative of China on the Council of ICAO made the following
statement on behalf of the Government of the People’s Republic of China (PRC):
“Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the PRC provides that the
application to the Hong Kong Special Administrative Region of the PRC of international agreements to which
the PRC is or becomes a party shall be decided by the Central People’s Government in accordance with the
circumstances and needs of the Region and after seeking the views of the Government of the Region.
In consultation with the Government of the Hong Kong Special Administrative Region, the Government of the
PRC has decided to apply the Convention in the Hong Kong Special Administrative Region of the PRC from the
date of December 15, 2006.”
(19)
The instrument of accession by Singapore contains the following declaration in accordance with Article 57:
-7-
Convention for the Unification
of Certain Rules for International Carriage by Air
Montreal, 28 May 1999
“the Convention shall not apply to:
a)
international carriage by air performed and operated directly by the Republic of Singapore for
non-commercial purposes in respect to its functions and duties as a sovereign State; and
b)
the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased
by the Republic of Singapore, the whole capacity of which has been reserved by or on behalf of such
authorities.”
(20)
The instrument of accession by Malaysia is accompanied by the following declaration:
“Malaysia, in accordance with Article 57 (b) of the Montreal Convention, declares that the Convention shall not
apply to the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased
by Malaysia, the whole capacity of which has been reserved by or on behalf of such authorities.”
(21)
The instrument of ratification by Chile contains the following declaration in accordance with Article 57 (b):
“The Republic of Chile declares that the Convention shall not apply to the carriage of persons, cargo and
baggage for its military authorities on aircraft registered in or leased by that State Party, the whole capacity of
which has been reserved by or on behalf of such authorities.”
(22)
The instrument of accession by Argentina contains the following “interpretative declaration”: “For the
Argentine Republic, the term ‘bodily injury’ in Article 17 of this treaty includes mental injury related to bodily
injury, or any other mental injury which affects the passenger’s health in such a serious and harmful way that
his or her ability to perform everyday tasks is significantly impaired.”
(23)
The instrument of accession by Montenegro contains the following declaration in accordance with Article 57:
“this Convention shall not apply to:
a)
international carriage by air performed and operated directly by Montenegro for non-commercial
purposes in respect to its functions and duties as a sovereign State;
b)
the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased
by Montenegro, the whole capacity of which has been reserved by or on behalf of such authorities.”
(24)
The instrument of accession by Israel contains the following declaration in accordance with Article 57:
“The Convention shall not apply to:
a)
international carriage by air performed and operated directly by the State of Israel for non-commercial
purposes in respect to its functions and duties as a sovereign State; and/or
b)
the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased
by the State of Israel, the whole capacity of which has been reserved by or on behalf of such authorities.”
(25)
The instrument of ratification by Turkey contains the following declaration in accordance with Article 57:
“The said Convention shall not apply to international carriage by air performed and operated directly by the
Republic of Turkey for non-commercial purposes in respect to its functions and duties as a Sovereign State and
to the carriage of persons, cargo and baggage for Turkish military authorities on aircraft registered in or leased
by the Republic of Turkey, the whole capacity of which has been reserved by or on behalf of such authorities.”
(26)
The instrument of ratification by Azerbaijan, deemed to be an instrument of accession, contains the following
declaration:
“The Republic of Azerbaijan, in accordance with Article 57 of the Convention for the Unification of Certain
Rules for International Carriage by Air, done at Montreal on May 28, 1999, declares that the provisions of the
Convention shall not apply to:
a)
international carriage by air performed and operated directly by the Republic of Azerbaijan for
non-commercial purposes in respect to its functions and duties as a sovereign State; and
b)
the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased
by the Republic of Azerbaijan, the whole capacity of which has been reserved by or on behalf of such
authorities.”
(27)
The instrument of accession by the Philippines contains the following declaration in accordance with Article 57:
“the Convention shall not apply to:
a)
international carriage by air performed and operated directly by the Philippines for non-commercial
purposes in respect of its functions and duties as a sovereign State; and
Convention for the Unification of
Certain Rules for International Carriage by Air
Montreal, 28 May 1999
b)
(28)
-8-
the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased
by the Philippines, the whole capacity of which has been reserved by or on behalf of such authorities.”
By a Note dated 25 April 2016 (received by ICAO on 7 June 2016) from the Ministry of Foreign Affairs,
Guatemala transmitted to ICAO the following declaration: “The Republic of Guatemala states that the
Convention for the Unification of Certain Rules for International Carriage by Air , done in Montreal on 28 May
1999, shall not apply to international air transport operations conducted directly by the State of Guatemala for
non-commercial purposes relating to its functions and obligations as a sovereign State, nor to the carriage of
persons, cargo or equipment for its military command on aircraft registered in or leased by the State of
Guatemala, the full capacity of which has been reserved by or on behalf of said military command.”
By a Note dated 25 April 2016 (received by ICAO on 7 June 2016) from the Ministry of Foreign Affairs,
Guatemala notified ICAO that “to calculate the value of its national currency in Special Drawing Rights, the
Republic of Guatemala, as a member of the International Monetary Fund, shall adhere to the provisions set forth
in the third sentence of Article 23(1) of the Convention.”
(29)
The instrument of ratification by the Togolese Republic contains the following declaration in accordance with
Article 57:
“the Convention shall not apply to:
a)
international carriage by air performed and operated directly by Togo for non-commercial purposes in
respect to its functions and duties as a sovereign State; and
b)
the carriage of persons, cargo and baggage for the Togolese military authorities on aircraft registered in
Togo or leased by Togo, the whole capacity of which has been reserved by or on behalf of such
authorities.”